The U.S. Department of Justice (DOJ) recently revised the Justice Manual to reinstate previous agency policy on how it will enforce False Claims Act (FCA) cases moving forward, and when it will seek to dismiss whistleblower actions. The Justice Manual is the DOJ’s official guide that lays out the agency’s policies, procedures, and internal directives, so any changes – however nonsubstantive – are worth the attention of compliance and corporate counsel.
In a Sept. 18 press release, the DOJ announced two revisions to the Justice Manual. The first revision clarifies limitations on the use of sub-regulatory guidance across department litigation. “Individuals and businesses should be held accountable for violating binding legal obligations, not agency guidance that lacks the force and effect of law,” the DOJ stated. “It also ensures that the Department focuses its enforcement resources on violations of those binding obligations.”
